You are well advised to keep an eye on the legal decision-making parameters in every business transaction. The prerequisites for this are economic know-how and in-depth industry experience. Our member companies receive the necessary legal input - individually and tailored for mechanical engineering.

Themenfeldgrafik Recht

Aus unseren Inhalten

Aus unseren Inhalten
Sick leave by telephone permissible again

On December 7, 2023, the Federal Joint Committee (G-BA) defined the details for determining incapacity for work by telephone.

New publication: Tips for successful business in the USA

The VDMA's traditional series of tips is being continued.

Receipt of a roster change

Do employees have to be available to receive roster changes during their free time?

Money laundering prevention update - need for action

Risk of fines for non-registration in the transparency register and obligation to register with the Financial Intelligence Unit (FIU) for obliged entities under the GWG by 01.01.2027

Fourth Minimum Wage Adjustment Ordinance published

The Fourth Ordinance on the Adjustment of the Level of the Minimum Wage (Fourth Minimum Wage Adjustment Ordinance - MiLoV4) was published in the Federal Law Gazette on November 29, 2023.

Parental allowance: Changes planned

The draft of the Budget Financing Act provides for a reduction in the income threshold for receiving parental allowance.

EU Commission proposal for the regulation of SEPs

The VDMA comments on the EU Commission's proposal to regulate SEPs

Newsletter Law

The monthly legal update for the mechanical engineering industry - exclusively for member companies

New EU thresholds from 01.01.2024

It's that time again: The thresholds for EU-wide procurement procedures have been reviewed by the EU Commission and adjusted as of 01.01.2024.

New EU regulation on the protection of the origin of industrial products

Artisanal and industrial products are to receive directly applicable protection at EU level similar to geographical indications in the agricultural sector.

VDMA FAQ on the EU Data Act (new edition) available

The EU Data Act was adopted by the European Parliament on 9.11.2023. It is expected to come into force at the beginning of 2024. A VDMA FAQ document has been prepared and updated to provide non-binding guidance.

Overview of publications

Guides, fact sheets and more for our members: The "focus Recht" series and other publications from the legal department address legal issues for members in a clear and comprehensible manner.

11th Amendment to the ARC Enters into Force

The Federal Cartel Office has received new powers of investigation and intervention, further, disgorgement has been simplified. The 11th Amendment of the ARC at a glance.

European Parliament adopts EU data law

This regulation also places data traffic between companies on a new footing. Companies are well advised to analyze their data streams and flows in order to be able to implement the requirements of the EU Data Act in good time.

"The EU Data Act creates additional challenges"

The EU Data Act puts data traffic between companies on a new footing. For industrial SMEs, this is both an opportunity and a risk. Politicians must not leave companies out in the cold.

Incapacity to work due to corona

Incapacity to work due to illness also possible in the case of asymptomatic corona infection

Right of initiative of the works council

The works council has a right of initiative for the organization of working time recording

Survey on the impact of the LkSG

Opportunity to participate in survey on the impact of the LkSG on companies until November 17, 2023.

Whistleblower Protection Act - important deadlines

Action is required for all companies with at least 50 employees

ECJ decision on access to vehicle data

The ECJ has ruled that access by independent economic operators to vehicle repair and maintenance information as well as to on-board diagnostic system information may only be subject to the conditions set out in the relevant regulation.

The EU Commission wants to limit payment terms to 30 days

The EU-Commission has published a proposal for a Regulation to combat late payments. We welcome the objective, but demand that contractual freedom be taken into account.

EU General Data Protection Regulation (GDPR)/Frequently Asked Questions

The VDMA handout on the implementation of the DSGVO has been revised. It is now available in a second edition in German and English exclusively for VDMA members.

Works council compensation: Proposed regulations published

A commission of experts on the regulation of works council compensation has published its initial findings. According to the commission's proposals, Section 37 (4) of the Works Council Constitution Act (BetrVG) is to be revised and Section 78 of the Works Council Constitution Act (BetrVG) is to be supplemented.

VDMA BarCamp Skilled Workforce Retention on November 23, 2023 in Frankfurt/M.

On November 23, 2023, the free VDMA event will take place at Kap Europa, Osloer Straße 5, 60327 Frankfurt am Main from 10:00 am to 5:00 pm.

BVwG in Austria on merger and data protection

In its decision, the court clarifies that the merger of companies at issue does not involve the transfer of personal data to third parties under data protection law.

LkSG - Handout on SMEs published

BAFA publishes handout on supply chain cooperation between obligated companies and their suppliers.

EU Data Act: "Experiment on the aorta of the economy"

The EU Data Act aims to put data traffic on a new footing, including between companies. This could shift the center of power in the economy. For industrial SMEs, this law is both an opportunity and a risk.

Everything as a Service in mechanical engineering

As part of the "X-Forge BW" project led by Fraunhofer IPA, a guideline for the use of machine data was created together with well-known companies. This is available for download free of charge.

DSK Application Note on the EU-US Data Privacy Framework

On the occasion of the new adequacy decision of the EU Commission for transfers of personal data from the EU to the US, the Data Protection Conference has published application notes on this.

LkSG -report questionnaire available as "PDF-file

BAFA has now made the reporting questionnaire available on its website as a "PDF file".

VDMA focus RECHT brochure on whistleblower protection

We support the introduction of a whistleblower office.

New ruling by the Federal Court of Justice on reimbursement of expenses

A claim for reimbursement of expenses pursuant to Section 439 (3) of the German Civil Code (Bürgerliches Gesetzbuch - BGB) may arise even if a material defect is already apparent in the prefabrication process and the actual installation no longer takes place.

Is rail travel working time?

In the context of working time compliance, the correct handling of travel times is central. Do they count as working time or rest time?

"First logged in, then done"

Logging in at home and not starting work until later in the office can justify a suspicion of dismissal for working time fraud.

Use of evidence despite data protection breach

Evidence from video surveillance that is inadmissible under data protection law can be taken into account by the labor court in unfair dismissal proceedings.

No Liability of Board Members for Antitrust Fines

The Düsseldorf Court of Appeals ruled that a limited company cannot claim recourse against a former managing director for an antitrust fine.

Copyright protection through artistic design

The Higher Regional Court of Hamburg (judgment of March 30, 2023 - Case No. 5 U 77/21) decided, among other things, the question of whether a work of applied art eligible for copyright protection or a mere technical product exists.

ECJ Confirms Federal Cartel Officer's Decision against Meta

The ECJ has ruled that the Federal Cartel Office may also base its decisions on infringements of data protection laws. This has far-reaching consequences - not only in the digital sector.

EU Commission adopts adequacy decision for EU-USA

The EU Commission adopted its adequacy decision for the "EU-U.S. Data Privacy Framework" on July 10, 2023. This removes legal uncertainty for transatlantic data transfers following the 2020 EU Court of Justice ruling.

The cooperation between data protection authorities

The EU-Commission has proposed legislation to facilitate cooperation between data protection authorities in enforcing the General Data Protection Regulation in cross-border cases.

The work program for the second half of 2023

The Spanish EU Presidency will be one of the last opportunities to finalise outstanding EU legislative proposals. VDMA calls on the Spanish EU Presidency to take the interests of our industry into account.

Minimum wage: Commission decides on increase

At its meeting on June 26, 2023, the Minimum Wage Commission decided by a majority, against the votes of the employee side, on a mediation proposal by the chairwoman.

"focus RECHT" Brochure "General Terms and Conditions of Business - Introduction and Overview

The focus RECHT publication on general terms and conditions is now available on the current status 2023.

Sick leave by telephone to be made permanently possible

The special rule on telephone sick leave from the Corona pandemic has now expired. Lawmakers plan to make the provision permanent.

Temporary work: New collective agreement on industry surcharges

Employers and IG Metall have reached agreement on a new collective agreement on industry surcharges for temporary workers in the metal and electrical industry (TV BZ ME).

Works council chairperson cannot be data protection officer

In its ruling dated June 6, 2023 (9 AZR 383/19), the Federal Labor Court (Bundesarbeitsgericht - BAG) clarified that the chairmanship of the works council typically precludes the position of data protection officer.

The launch of the unitary patent system

The unitary patent system entered into force on 1 June 2023 and thus the Unified Patent Court has started its work. A long-standing demand of the VDMA has finally been fulfilled.

Whistleblower Protection Act enters into force on July 2, 2023

Companies should take action now at the latest and set up an internal reporting office.

Effectiveness of insolvency-dependent break-up clauses

The effectiveness of insolvency-dependent severance clauses depends on the individual case.

EU Parliament: Resolution on the EU-US adequacy decision

The European Parliament plenary adopted a resolution on the adequacy of the protection provided by the EU-US data protection framework on May 11, 2023.

Our expert and focus topics

Our expert and focus topics
VDMA Infoportal Ukraine War
The machinery and plant engineering sector condemns the Russian invasion of Ukraine in the strongest possible terms. The VDMA supporta its member companies in word and deed in order to master the many challenges that are arising.
The transitional arrangement between the EU and the UK expired at the end of December 2020. There will certainly be changes concerning trade with the UK. What do mechanical and plant engineering companies need to anticipate?
Covid-19 Legal Consequences
The Covid 19 pandemic presents an exceptional situation for companies and employees as well as for suppliers and customers. Many legal questions still need to be answered, e.g. regarding the areas of labor law, contract law, and tax law. In addition, there are numerous legal requirements for travel activities and various quarantine regulations.
Home Office
For many employees, working in a home office is a completely new situation that has caught them very unprepared due to the pandemic. This raises a host of practical and legal issues.
Plant Engineering
Mechanical and plant engineering companies from all over Europe are involved in the VDMA. Mechanical engineering is a familiar term to many, but what characterizes plant engineering?
Technological Sovereignty
Technological sovereignty as a goal is gaining importance regarding the changed geopolitical situation. International division of labor and global trade are our drivers of prosperity and are existential, especially for the mechanical engineering sector.
Europe and China
The perception of China in Germany and Europe has changed in recent years. Firstly, China is an important economic partner and also of significant importance for the German mechanical engineering sector. On the other hand, there is growing recognition at economic and political level in Germany and the European Union (EU) that the existing imbalance with China, for example in market access, is no longer acceptable.

Level 1 Themenwolke

To the point

To the point

Auf den Punkt Zitat Legal

"The BMAS proposal is not acceptable. Contrary to the announcements of the coalition agreement, the draft is limited exclusively to new regulations and bypasses the needs of operational practice. It also fails to address the flexibilization of maximum working hours or rest periods announced by the coalition agreement."

Fabian Seus, Head of Competence Center Labour Market

Auf den Punkt Zahl Legal



As part of the last collective bargaining round, employers and IG Metall agreed on a pay increase of 5.2 percent as of June 1, 2023 and 3.3 percent as of May 1, 2024.

Source: Südwestmetall

Auf den Punkt Zusammenfassung Recht

Whistleblower protection is getting serious
  • There will be an obligation to set up an internal reporting office for companies with at least 50 employees as of December 17, 2023.
  • Companies with usually at least 250 employees that have already been obligated under the HinSchG since July 2, 2023, will face a fine of up to €20,000 from December 1, 2023, if a reporting office has not yet been established.
  • Unternehmen können die Meldestelle eigenständig oder mit Hilfe eines Dienstleisters betreiben. Der deutsche Gesetzgeber geht zudem davon aus, dass eine zentrale Meldestelle für mehrere Konzernunternehmen eingerichtet werden kann.



Unsere Leistungen

Unsere Leistungen
Your contact persons in the Legal Department
for legal issues in mechanical engineering - exclusively for our member companies


Our publications
Guides, leaflets, and more for our members: The "focus Recht" series and other publications from the Legal department address members' legal queries clearly and comprehensibly.
Newsletter Legal Department
The monthly legal update for the mechanical engineering industry - exclusively for member companies
In co-operation with the German Mechanical Engineering Institute (MBI), the legal department offers member companies seminars and events on current topics and legal issues.
VDMA Compliance Program
The VDMA promotes free and fair competition. In order to guarantee genuine and undistorted competition and legal security for members in their day-to-day association work, the VDMA is committed to a comprehensive compliance program.
Sample Contract/General Terms and Conditions
We provide sample contracts specific to the mechanical engineering sector as well as general terms and conditions for Germany and abroad - to ensure the legal protection of your business transactions.
Consulting, Information, Lectures
The legal department at the VDMA consists of a team of lawyers specializing in the capital goods industry. Here you will receive individualized legal input - competently, quickly and at no additional cost, tailor-made for the mechanical engineering sector.
Working Groups of the Legal Department
In our working groups, we share current information and enable specialist discussions. Topics covered by the working groups include plant construction law, labor law, compliance management and industrial property protection.


Annual Report of the Legal Department
The current annual report of the Legal Department has been published. Member companies can download it here.

Working groups/Committees

Working groups/Committees

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Benefits for you as a member

Largest industry network in Europe

3,600 primarily medium-sized member companies in the capital goods industry make the VDMA the largest industrial association in Europe and the most important network organization in the industry.

Strong representation of interests

The VDMA is the most important voice of the machinery and equipment manufacturing industry. It represents the common economic, technical and scientific interests of the industry in Germany and around the world.

A wide range of services

More than 500 VDMA employees worldwide support you with practical services to make the right decisions in your company - along the entire value chain.